Legal Opinion

Edson v. Parsons

New York Supreme Court

Decided March 15, 1895PublishedCited by 4 opinions

Appeal from special term, New York county. Action by Margaret B. Edson, as executrix of Marmont B. Ed-son, against John E. Parsons, John A. Bartow, and Charles S. Fair-child, executors of Mary A. Edson, impleaded with others, to compel defendants to administer their testator’s estate in accordance with the contract contained in the mutual wills of the said Mary A. Edson and of Susan M. Eidson, the two sisters of plaintiff’s testator.

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Appeal from special term, New York county. Action by Margaret B. Edson, as executrix of Marmont B. Ed-son, against John E. Parsons, John A. Bartow, and Charles S. Fair-child, executors of Mary A. Edson, impleaded with others, to compel defendants to administer their testator’s estate in accordance with the contract contained in the mutual wills of the said Mary A. Edson and of Susan M. Eidson, the two sisters of plaintiff’s testator. The complaint was dismissed on the merits, with costs, and plaintiff appeals. Affirmed.

1Opinion of the CourtFollett, J.

In some jurisdictions the rule is that in case A.

and B. execute wills at the same time, each having knowledge of the provisions of the other’s, each giving all of his estate or a definite sum to the other, neither testator can revoke, in the lifetime of both, without giving notice of his intentions to the other. But that is not the law of England or of this state. Hobson v. Blackburn, 1 Keen, 273; 1 Adams, Eq. 274; Ex parte Day, 1 Bradf. (Sur.) 476; Jarm. Wills (6th Am. Ed.) 29; 1 Williams, Ex’rs (7th Am. Ed.) 9, 174. In the case first cited it was said:

“I have no hesitation whatever in…

2Cited by4 opinions

  1. Prince v. PrinceWashington Supreme Court · 1911
  2. Allen v. BrombergSupreme Court of Alabama · 1909
  3. Ortman v. OrtmanOhio Court of Appeals · 1933
  4. In re Edson's EstateNew York Supreme Court · 1895

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